Citation Nr: 20047576 Decision Date: 07/16/20 Archive Date: 07/16/20 DOCKET NO. 15-35 326 DATE: July 16, 2020 ORDER Entitlement to a rating for herniation nucleus pulposus in excess of 10 percent for the period prior to November 20, 2019, and in excess of 40 percent thereafter is dismissed. Entitlement to a compensable rating for a headache disability for the period prior to October 16, 2017, in excess of 10 percent for the period from October 16, 2017 to November 20, 2019, and in excess of 30 percent thereafter is dismissed. Entitlement to a total disability rating due to unemployability (TDIU) for the period prior to November 20, 2019 is dismissed. FINDING OF FACT The Veteran submitted a May 2020 Appeals Satisfaction Notice withdrawing all remaining issues associated with the pending appeal. CONCLUSION OF LAW 1. The criteria for withdrawal of the appeal of the issue of an increased rating for herniation nucleus pulposus have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2019). 2. The criteria for withdrawal of the appeal of the issue of an increased rating for a headache disability have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2019). 3. The criteria for withdrawal of the appeal of the issue of entitlement to TDIU have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.204 (2019). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from January 1990 to June 1998. This matter came before the Board of Veterans Appeals (Board) on appeal from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veteran’s Law Judge during a September 2017 video hearing. The transcript of the hearing is of record. An August 2018 Board decision found that the issue of entitlement to TDIU was raised by the record and remanded the issues on appeal for further development. A June 2019 Board decision then remanded the issues on appeal for new VA examinations. A March 2019 rating decision granted service connection and 10 percent ratings for right and left lower extremity radiculopathy, effective October 16, 2017. An April 2020 rating decision increased the low back disability rating from 10 to 40 percent, effective November 20, 2019 and granted service connection and a 10 percent rating for the left and right lower extremity femoral nerves effective November 20, 2019. The decision also increased the headache disability rating to 10 percent rating beginning October 16, 2017 and to 30 percent effective November 20, 2019 and granted TDIU effective November 20, 2019. Because higher ratings are assignable during the relevant period and the Veteran is presumed to seek the maximum available benefit, the issues remain on appeal. See AB v. Brown, 6 Vet. App. 35, 38 (1993). 1. Entitlement to a rating for herniation nucleus pulposus in excess of 10 percent for the period prior to November 20, 2019, and in excess of 40 percent thereafter 2. Entitlement to a compensable rating for a headache disability for the period prior to October 16, 2017, in excess of 10 percent for the period from October 16, 2017 to November 20, 2019, and in excess of 30 percent thereafter 3. Entitlement to TDIU for the period prior to November 20, 2019 An appeal may be withdrawn by an appellant or his or her authorized representative as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. The Veteran submitted a May 2020 Appeals Satisfaction Notice stating that she was satisfied and wished to withdraw all remaining issues associated with her appeal. The statement also asked the RO to discontinue all development associated with the appeal. As the Veteran submitted a written statement indicating in clear language that she wished to withdraw her appeal, the Board finds that the withdrawal was explicit, unambiguous and done with the full understanding of the consequences of such an action. See DeLisio v. Shinseki, 25 Vet. App. 45 (2011). Accordingly, the Board does not have jurisdiction to review the issue on appeal, and the appeal as it pertains to that issue is dismissed. 38 C.F.R. § 20.204. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Arnold, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.